BILL NUMBER: AB 1053	CHAPTERED  08/28/00

	CHAPTER   248
	FILED WITH SECRETARY OF STATE   AUGUST 28, 2000
	APPROVED BY GOVERNOR   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 10, 2000
	PASSED THE SENATE   JULY 6, 2000
	AMENDED IN SENATE   APRIL 3, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Thomson
   (Principal coauthor:  Assembly Member Zettel)
   (Coauthors:  Assembly Members Wayne and Wildman)

                        FEBRUARY 25, 1999

   An act to amend Section 1464 of the Penal Code, relating to brain
injuries, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1053, Thomson.  Traumatic brain injury services funding.
   Existing law, until January 1, 2005, requires the State Department
of Mental Health to provide funding for a postacute
continuum-of-care model for adults with acquired traumatic brain
injuries.
   Existing law establishes the Traumatic Brain Injury Fund which,
upon appropriation by the Legislature, may be expended for purposes
of this program.
   Under existing law, once each month there is required to be
transferred from the State Penalty Fund into the Traumatic Brain
Injury Fund an amount equal to 0.66% of the state penalty funds
deposited into the State Penalty Fund during the preceding month,
except that for each of the 1996-97, 1997-98, and 1998-99 fiscal
years, the amount transferred is limited to $500,000.
   This bill would limit the application of the $500,000 limitation
to the 1996-97 fiscal year and would appropriate the moneys no longer
subject to the limitation for purposes of the traumatic brain injury
program.  This bill would authorize the State Department of Mental
Health to expend the funds transferred into the Traumatic Brain
Injury Fund for the 1997-98, 1998-99, and 1999-2000 fiscal years, in
the current fiscal year or a subsequent fiscal year, to provide
additional funding to the existing projects funded by the Traumatic
Brain Injury Fund, to support new projects, or to do both.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1464 of the Penal Code is amended to read:
   1464.  (a) Subject to Chapter 12 (commencing with Section 76000)
of Title 8 of the Government Code, there shall be levied a state
penalty, in an amount equal to ten dollars ($10) for every ten
dollars ($10) or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal offenses,
including all offenses, except parking offenses as defined in
subdivision (i) of Section 1463, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code.  Any bail schedule adopted pursuant to Section 1269b
may include the necessary amount to pay the state penalties
established by this section and Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code for all matters where a
personal appearance is not mandatory and the bail is posted primarily
to guarantee payment of the fine.
   (b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case.  When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
   (c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail.  If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
   (d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
   (e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury.  The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund.  The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
   (f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
   (1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game.  These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
   (2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month.
Those funds shall be made available in accordance with Section 13967
of the Government Code.
   (3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month.
   (4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
   (5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
  Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
   (6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month.  The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year.  The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
   (7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.
   (8) (A) Once a month there shall be transferred into the Traumatic
Brain Injury Fund, created pursuant to Section 4358 of the Welfare
and Institutions Code, an amount equal to 0.66 percent of the state
penalty funds deposited into the State Penalty Fund during the
preceding month.  However, the amount of funds transferred into the
Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not
exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements
of this section.  Notwithstanding any other provision of law, the
funds transferred into the Traumatic Brain Injury Fund for the
1997-98, 1998-99, and 1999-2000 fiscal years, may be expended by the
State Department of Mental Health, in the current fiscal year or a
subsequent fiscal year, to provide additional funding to the existing
projects funded by the Traumatic Brain Injury Fund, to support new
projects, or to do both.
   (B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.
  SEC. 2.  The Controller and any other state official of whom action
is required in order to implement this act shall take all necessary
actions to ensure that any money transferred from the Traumatic Brain
Injury Fund to the State Penalty Fund pursuant to the amendments to
Section 1464 of the Penal Code made by Chapter 1023 of the Statutes
of 1999 is retransferred into the Traumatic Brain Injury Fund.
  SEC. 3.  Any money, the transfer of which was required from the
Traumatic Brain Injury Fund pursuant to the amendments to Section
1464 of the Penal Code made by Chapter 1023 of the Statutes of 1999,
and that, therefore, is required to be retransferred to that fund
pursuant to this act, is hereby appropriated to the State Department
of Mental Health for purposes of Chapter 5 (commencing with Section
4353) of Part 3 of Division 4 of the Welfare and Institutions Code
without regard to fiscal years.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide at the earliest possible time essential
services to adults with acquired traumatic brain injuries by ensuring
equitable funding for demonstration projects, it is necessary that
this act take effect immediately.
